AWHO– A LAW UNTO
ITSELF, ACCOUNTABLE TO NOBODY
By
Maj Gen VK Singh
The
Army Welfare Housing Organisation (AWHO was created in 1978, with the avowed
aim of providing houses to Army personnel at low cost. The scheme, when it
began, was modeled on a scheme that existed in the Pakistan Army, wherein a
fixed sum of money was deducted from the salary of a soldier, so that he could
be given a house when he retired. The AWHO had a similar scheme, called the
long term scheme. Most officers and men joined it and amounts varying form Rs
50 to Rs 200 began to be deducted from their salaries. To cater to those who
had between 5-10 years service left, there was also a short term scheme, where
the contributions were higher. This
continued for a few years. Then, to help those who had just one or two years
service left, the spot scheme was started. Later, the long and short term
schemes were scrapped, and only the spot scheme survived. The AWHO became like
the DDA, or any of the State Housing Boards.
According
to its charter, as given on its web site (www.awhosena.org),
the AWHO functions on ‘No Profit No Loss’ basis. However, this is not entirely
true. Many people feel that the AWHO has become a den of corruption and is
fleecing soldiers, who are naïve and have little time to go into details. Some
interesting facts about the AWHO are given below:-
1.
The AWHO recovers the cost of land as
well as construction in advance. Hence 100% of the cost of the houses is
recovered several years before the house is handed over. So, in effect, the
AWHO does not spend any money of its own, and owns neither the land nor the
houses its builds. Its status is that of a builder, who constructs the houses
on behalf of the members, using their funds.
Yet, it insists that a conveyance deed is executed after the house is
handed over. As a result, members have to pay stamp duty on land twice - once
when AWHO buys the land from the original land owner (using their funds) and
again when AWHO transfers the houses to them.
2.
If a member wishes to sell the flat, he
has to apply to the AWHO for an NOC. The AWHO charges Rs 10,000/- from the
Seller as well as the Buyer. To justify the recovery, the buyer, even a civilian,
is made a member of the AWHO. The new buyer has to give an undertaking that he
will not sell the flat without permission of the AWHO. In effect, it ensures
that the AWHO makes Rs. 20,000 every time the flat is sold, in perpetuity.
There is no record of the amount recovered by AWHO so far on account of such
sales, but estimates range between 100 to 200 crores.
3.
The AWHO
indulges in several unfair practices, even falsifying records. In an attempt to prove that its houses are
cheaper than those available in the market, it only mentions the covered area
of the flats, without giving details of the carpet area, wall area or common
areas. For example, the covered area of the three bedroom flats in Devinder
Vihar, Sector 56, Gurgaon is stated to be 1410 sq. ft. in the possession
certificate as well as the conveyance deed. In response to an RTI application,
the Haryana Urban Development Authority (HUDA) has confirmed that the covered
area is just 1269.12 sq. ft. There is thus a shortfall of 144 sq. ft. or more
than 10%.
4.
Maj Gen
VK Singh (Retd) had filed a case in 2003 in the Delhi State Consumer Commission
against the AWHO for the shortfall in the covered area. In a judgment delivered
on 20/01/2009 the Commission has ordered the AWHO to refund Rs 25,000 for the
shortfall, in addition to a penalty of Rs 50,000.
5.
The AWHO
did not comply with the order. More than six months after this, it filed an
appeal in the National Consumer Commission. Since the time limit of 30 days was
over, it forged the date. Copies of the order were issued to both parties on
25/3/2009. The figure 3 was altered to look like 8, and the date became
25/8/2009. This was confirmed by State Commission in response to an RTI
application, and has been brought to the notice of the National Commission.
The AWHO and Right to
Information Act
6.
Attempts by members to get any
information are stone walled by the AWHO which contends that it is not covered
by the RTI Act since it is a ‘private society’, registered under the Societies Registration Act XXI of 1860. This
is not true. The AWHO is located in Army accommodation in Kashmir House,
alongside the E-in-C’s Branch of Army HQ; it has many serving personnel posted
or attached to it; it is run by an executive committee of which the Adjutant
General is the ex –officio chairman.
7.
In a
hearing held on 10/10/08 on an appeal filed by Maj Gen VK Singh, the CIC accepted the plea of the AWHO that
it is a private society registered with the Registrar of Societies Delhi. In
support of their arguments, AWHO submitted a statement of the MoS, Defence,
Shri Arun Singh before the Lok Sabha. The Minister had stated:- “As far as the first part of the question is
concerned, no, it is not part of the Government. It is a society registered
under the Societies Act. Regarding the second part of the question, the full
time Chairman and all the members of the board of management are ex-offcio.
There is no individual as such as Chairman. The Chairmanship rotates as
postings are changed. As far as meeting of the general body is concerned, in
this particular society, as registered under the Societies Act, there is no
such thing as the general body. It is the board of management that runs the
society. There the members meet regularly, once year minimum. And as far as
complaints are concerned, we are not a in a position to intervene in their
functioning directly. We do, however, if there are any complaints, pass on the
same to the society.”
8.
Though the CIC upheld the plea of the
AWHO that is not a public authority, in his order he added:- “That the Adjutant General’s Branch of the
Indian Army can access the information pertaining to AWHO was admitted by the
CPIO in answer to a direct question in
the hearing. The appellant may also seek information concerning the AWHO
through the Registrar of Societies by filing a fresh application under the RTI
Act provided such information is legally accessible to the Registrar under the
Societies Registration Act cited above, concerning AWHO. The appellant has the
right u/s 2(j) to seek any information available with Army headquarters and the
concerned CPIO will be obliged to provide all available information in their
custody.”
9.
Maj Gen VK Singh applied to the
Registrar of Societies seeking information under the RTI Act on 31/10/08. The
reply is very interesting. The AWHO was registered under the Societies
Registration Act vide Registration No. S-9142 on 23/3/1978. The main file of
the society is missing since long hence the name of the applicant is not
available in the record. This is not all. The AWHO is not filing the list of
governing body members – this is mandatory – no such list is available in the
record after 1998. There is no record of the AGM being held, elections of
office bearers and accounts.
10.
An application addressed to the MOD asking for
information regarding was facilities such as accommodation, transport, manpower
provided to AWHO was transferred by the MOD to Army HQ, which in turn sent it
to the AWHO. As expected, AWHO has refused to provide the information, quoting
the decision of the CIC that it is not a public authority and does not come
under the provision of the RTI Act 2005.
11.
In response to several other RTI
applications, the following facts have come to light:-
·
The Controller of Defence Accounts (CDA)
has confirmed that about 20 serving Army officers, including a major general,
are posted to AWHO. According to the CDA, since these officers are on deputation,
they are entitled to defence pool accommodation.
·
The Chief Administrative Officer (CAO)
of the Ministry of Defence has confirmed that Army officers on deputation to
the AWHO are entitled to defence pool accommodation, vide GOI letter No.
33262/AWHO/MS3B/1708-II/(Pay/Services) dated 11 May 1982. He has also confirmed that the AWHO is paying
rent and allied charges for the office accommodation given to them in Kashmir
House.
·
The Military Secretary Branch in Army
has confirmed that Army officers are posted to AWHO on ERE attachment in term
of GOI, MOD letter No. 03981/6/MS 4D dated 28 Sep 87 and 31741/61/MS4 D
(Channels) dated 01 Nov 90. (ERE stands for extra regimental employment – it is
not the same as deputation. This contradicts the stand of the AWHO that it is a
private organisation and the statement of the Minister of Defence, Shri Arun
Singh, in Parliament).
·
The Defence Estates Officer, Delhi
Circle has intimated that the AWHO has not taken permission of the Govt. to use
the premises in Kashmir House and are in unauthorized occupation of the
premises. The same is true of the Air Force and Naval Housing Board, in AF
Station, Race Course.
12.
From the above responses, it is clear
that no one is clear about the exact status of the AWHO. The following
anomalies are glaring :-
- Army HQ (MS Branch) is posting
officers to the AWHO treating it as a ERE, while the CDA and CAO feel they
are on deputation. At the same time Army HQ (AG’s Branch) says it is a
private organisation. (The Army is facing a shortage of officers).
- The CAO feels that AWHO is occupying
authorised office accommodation in the Army HQ complex in Kashmir House
and is recovering rent and allied charges. The DEO says that AWHO is
occupying the premises without any sanction.
- The CDA and CAO both say that
officers posted to AWHO are entitled to defence pool accommodation. This
contradicts the claim of the Army HQ (AG’s Branch) that it is a private
organisation.
13.
In a nutshell,
the AWHO is a law unto itself, accountable to nobody. The Army has already
washed its hands of the AWHO – it should not have, but it has – and the
Registrar of Societies has confessed that he has no control of information
about its activities. The common soldier – officers, JCOs and OR – feel that it
is an Army set up, which will look after their interests. Is this not a case of
breach of trust? Recently, in another RTI case, the Army
had contended that it has nothing to do with the Army Wives Welfare Association
(AWWA). It now says the same thing about the AWHO. Will it also wash its hands
of the Army Welfare Education Society (AWES) and the Ex-Servicemen Central
Heath Scheme (ECHS)?
(Published in
Fauji India, May 2015)
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